Weller v. Lehigh & Hudson River Railway Co.

*96The opinion of the court was delivered by

Trenchard, J.

This suit is brought to recover damages from the defendant company for injuries sustained by the plaintiff to her person and property by reason of the negligence of the defendant in failing to keep a certain highway grade crossing over its tracks in proper repair.

The declaration avers that the tracks of the defendant company cross a certain public highway in the county of Warren; that it then and there became the duty of the defendant to use due care to keep sound, safe and indefoctive planks or other safeguards between and by the side of…